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AI Inc. reserves the right to change the Terms of Agreement from time to time without notice at the sole and absolute discretion, but in congruence with AI Inc. policies. Additional or different Terms of Agreement, conditions, and notices may apply to specific materials, information, products, or services offered through the AI Inc. Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Agreement.
These Terms, together with any additional terms to which you agree when using particular elements of the AI Inc. Websites, constitute the entire and exclusive and final statement of the agreement between you and AI Inc. with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and AI Inc. with respect to such subject matter. All lawsuits arising from or relating to these Terms of Agreement or your use of the AI Inc. Websites shall be brought in the Federal or State courts located within the jurisdiction of the state of Virginia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of AI Inc. to exercise or enforce any right or provision of these Terms of Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms of Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of AI inc. and you as reflected in the provision, and that the other provisions of these Terms of Agreement remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the AI Inc. Websites.
AI Inc. reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of AI Inc. will be collectively referred to as “AI Inc. Marks.”
The AI Inc. Marks are highly valued intellectual property, and therefore AI Inc. will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to AI Inc. Marks or which are likely to cause confusion with AI Inc. Marks.
No employee or other representative of AI Inc. is authorized to grant permission to use AI Inc. Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to AI Inc. Marks by a AI Inc. employee in the absence of a formal written agreement cannot be relied upon.
AI Inc. does not object to the use of the AI Inc. Marks (other than logos) to refer specifically to the products of AI Inc.. However, a purely referential use or nominative fair use of the AI Inc. Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
Linking To AI Inc. Websites
Linking to the AI Inc. Websites (including an internal or subsidiary page of any website comprising a part of the AI Inc. Websites) must be approved in writing by AI Inc., with the exception of a limited, revocable right to create a hyperlink to the website under condition that the website on which the hyperlink resides:
1. does not utilize content of a AI Inc. Website;
2. does not utilize a AI Inc. logo;
3. does not use framing of a AI Inc. Website;
4. does not misrepresent an affiliation or other relationship with AI Inc.;
5. does not misrepresent any possible endorsement by AI Inc.;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial;and
7. is promptly modified to delete the hyperlink upon request by AI Inc..
Except where otherwise specified, the contents of the AI Inc. Websites are copyright (c) 2012 AI Inc.. All rights reserved.
The contents of the AI Inc. Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the AI Inc. Websites, except as necessary to view the AI Inc. Websites.
Links to Third Party Sites
Links on the AI Inc. Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the AI Inc. Websites. AI Inc. does not endorse or make any representations about such third party websites, and AI Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. AI Inc. does not control those websites, and AI Inc. is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
You agree to indemnify, defend and hold harmless AI Inc., its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’fees) that such parties may incur as a result of or arising from your (or anyone using your account or computer) use of the AI Inc. Websites or violation of these Terms of Agreement. AI Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AI Inc.’s defense of such claim, and in no event may you agree to any settlement affecting AI Inc. without AI Inc.’s written consent.
When you visit the AI Inc. Websites or send e-mails to AI Inc., you are communicating with AI Inc. electronically. We may respond to you by e-mail or by posting notices on the AI Inc. Websites. You agree that all such notices, disclosures and other communications that AI Inc. provides to you electronically satisfy any legal requirement that such communications be in writing.
Information on the AI Inc. Websites is not promised or guaranteed to be correct, current or complete, and the AI Inc. Websites may contain technical inaccuracies or typographical errors. AI Inc. assumes no responsibility (and expressly disclaims responsibility) for updating the AI Inc. Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the AI Inc. Websites. AI Inc. provides no assurances that any reported problems will be resolved by AI Inc., even if AI Inc. elects to provide information with the goal of addressing a problem.
Limitation of Liability
IN NO EVENT WILL AI INC. BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$1000.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE AI INC. WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF AI INC. HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that AI Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of AI Inc.’s liability shall be the minimum permitted under such applicable law.